Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 149

Automatic discharge

             (1)  Subject to section 149A, a bankrupt is, by force of this subsection, discharged from bankruptcy in accordance with this section.

             (2)  If:

                     (a)  the bankrupt became a bankrupt before the commencement of section 27 of the Bankruptcy Amendment Act 1991 ; and

                     (b)  immediately before the commencement of that section, either:

                              (i)  paragraph 149(3)(c) of the Bankruptcy Act 1966 as amended applied in relation to the bankrupt; or

                             (ii)  an order under subsection 149(8) or (12) of the Bankruptcy Act 1966 as amended was in force in relation to the bankrupt;

the bankrupt is discharged at the end of the period of 3 years from:

                     (c)  the date on which the bankrupt filed his or her statement of affairs; or

                     (d)  the date of commencement of that section;

whichever is the later.

             (3)  If the bankrupt became a bankrupt before the commencement of section 27 of the Bankruptcy Amendment Act 1991 , and subsection (2) does not apply in relation to the bankrupt, the bankrupt is discharged at:

                     (a)  the end of the period of 3 years from the date on which the bankrupt filed his or her statement of affairs; or

                     (b)  the commencement of that section;

whichever is the later.

             (4)  If the bankrupt becomes a bankrupt after the commencement of section 27 of the Bankruptcy Amendment Act 1991 , the bankrupt is discharged at the end of the period of 3 years from the date on which the bankrupt filed his or her statement of affairs.



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